The Justice Department is opposing Evanston’s effort to dismiss a federal complaint challenging the Illinois city’s race-based reparations program. The dispute intensified after a judge allowed the department to join a civil rights lawsuit filed by Judicial Watch.
Precious S. Jacobs-Perry, an attorney for Evanston, said the city plans to seek dismissal of the government’s complaint but will continue defending the program.
“Evanston’s race-based ‘reparations’ program is illegal under federal law. We will be opposing the motion to dismiss,” a Justice Department spokesperson said.
Mayor Daniel Biss has defended the initiative, saying it aims to address a wealth gap and “pay a debt.” The program offers $25,000 and other housing-related assistance to eligible Black residents and descendants of Black residents who lived in Evanston from 1919 to 1969.
In 2019, Evanston became the first U.S. city to approve a municipal reparations plan. The city pledged $10 million over 10 years, funded through a local cannabis tax.
The Justice Department argues the program unlawfully distributes taxpayer-funded benefits according to race and ancestry. Its complaint says the policy violates the 14th Amendment’s Equal Protection Clause and the Fair Housing Act.
The department’s case follows an earlier ruling by U.S. District Judge John F. Kness, who rejected Evanston’s attempt to dismiss Judicial Watch’s lawsuit. The group filed the case on behalf of six non-Black people who lived in, or had family ties to, Evanston during the qualifying period but were not allowed to apply because of their race.
Judicial Watch attorney Michael Bekesha called the city’s $25,000 payments unconstitutional and said he does not expect Evanston’s latest dismissal effort to succeed. He said the group will continue its legal challenge, regardless of the outcome of the Justice Department’s case.
City spokesperson Cynthia Vargas said Evanston does not comment on pending litigation but will continue to defend the reparations program against lawsuits.
